Training

Implex offers different training programmes and workshops, with the option to customise based on client specific requirements. A training information guideline is available on request. Implex has submitted a letter of intent for registration as an accredited training provider with the Health and Welfare SETA and are in the process of lodging a complete quality management system and programme for accreditation. In addition, Implex is also in the process of registration with the Mining and Engineering SETA. At date we are awaiting accreditation.

When it comes to the question of organisations only being able claim their skills development levies back if they use accredited training providers only, we rely on the information published in Government Gazette No. 20865 of 7 February 2000 for clarity. It undoubtedly states that the Skills Development Levies Act, Act 9 of 1999 provides for recovery of a levy payment based on firstly the submission of Workplace Skills Plans (WSPs), and secondly Workplace Skills Implementation Plan (WSIPs). Lastly, the details of the Skills Development Facilitators (SDFs) must also be submitted. As such we understand that recovery of levies is not based solely on making use of accredited providers or NQF-aligned training and development events.

Consulting

Implex provides consulting services that range from drafting contractor agreements, reviewing and updating appointment letters, through guidance on complicated legal issues such as Environmental Impact Assessments, Licensing and Permit Applications, Applications for Exemptions, Incident Investigations and Inquiries, and the like. In addition, our Consulting Department assist with implementation of management systems and preparation for systems audits. We also facilitate and prepare risk assessments and impact and aspect registers. This service is provided for on a per diem rate, with the number of days scoped and calculated in accordance with the specific requirements for each project on a case-by-case basis; after consultation with the client.

We have also developed customised system applications such as a self assessor tool, construction kit, and legal compliance management frameworks as part of the customised consulting services that we offer.

Auditing

Implex conducts Safety, Health and Environmental Legal Compliance Audits. We calculate the time spent on site on our understanding of the size and complexity of the operations, after discussions with the client. Both audit disciplines consist of an administrative component (review of appointments, records, documents, permits, license, authorisations, exemptions, policies, procedures, contractor agreements, and other related documents) and a physical audit. Report writing time is allocated on a 1:1 principle – for each day on site a day of report writing.

Implex subscribes to the principles embodied in ISO/DIS 19011 Guidelines for auditing (Hereinafter ISO 19011). ‘Audit’ is defined as being a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled. The explanatory note to this definition clarifies that internal audits, sometimes called first-party audits, are conducted by, or on behalf of, the organization itself for management review and other internal purposes and can form the basis for an organization’s self declaration of conformity. External audits include those generally termed second- and third-party audits. Second-party audits are conducted by parties having an interest in the organization, such as customers, or by other persons on their behalf. Third party audits are conducted by external, independent auditing organizations, such as those offering registration or certification of conformity to requirements of ISO 9001 and ISO 14001.

Legal compliance audits conducted by Implex on behalf of our clients, including legal register clients who have entered into a service level agreement with Implex to provide a holistic range of safety, health and environmental legal compliance solutions, are classified as first-party internal audits.

‘Auditor’ is defined as a person with the competence to conduct an audit; ‘Competence’ is classified as being a demonstrable ability to apply knowledge and skills. For the purposes of a legal compliance audit in any one of the disciplines offered by Implex, the Implex team offers competent and qualified auditors, which submission is supported by the curriculum vitae of the auditors.

Independence is the basis for the impartiality and objectivity of the audit conclusions. Auditors are independent of the activity being audited and are free from bias and conflict of interest. Implex is an independent legal compliance consultancy.  Neither Implex nor its staff have or have had any interest in client operations capable of affecting their ability to give an unbiased opinion, and will not receive any pecuniary or other benefits in connection with an audit project, other than normal consulting fees. Auditors maintain an objective state of mind throughout the audit process to ensure that the findings and conclusions will be based only on the evidence.

Evidence is the rational basis for reaching reliable and reproducible audit conclusions in a systematic audit process. Audit evidence is verifiable. It is based on samples of the information available, since an audit is conducted during a finite period of time and with finite resources. The appropriate use of sampling is closely related to the confidence that can be placed in the audit conclusions. Compliance with the above requirements is confirmed in the scope of the audits. In order to keep a record of the requirements that were considered, Implex develops a legal work document for the purposes of recording observations and findings. This document captures the audit criteria and is based on all the laws that may potentially influence a client’s activities, products or services. The focus of the audit reports is to principally identify and report on deviations from the law, where in the opinion of Implex it is appropriate, general observations have also been included. Nevertheless the report does not only focus on omission and non-conformances; the auditor will identify relevant and applicable National, provincial & local legislation and compliance therewith to establish actual compliance status. Information regarding the compliance is obtained, where available, from interviews with staff; information documents as supplied by staff; and visual observations. The actual evaluation of the level of compliance is undertaken on site, where a distinction is drawn between those questions that could be considered on documents and interviews, and those that required physical observation of the status quo. Findings made in the reports are based on a sample as well as observations identified during the legal compliance evaluation. There may be other similar findings to be found in areas not visited during the audit as well as discrepancies of a different nature altogether.

Web Based Legal Register Framework

Legal compliance can only be achieved and sustained once the applicable legal requirements have been identified and integrated into a management system. Without an up-to-date legal register, accurate identification and integration would be unfeasible. The scope of the Implex Legal Register includes references to all legal requirements that place an obligation or a prohibition on an organisation, based on activities conducted, or that might pose a significant legal risk, even if there are no direct obligations or prohibitions. The purpose of the Implex Legal Register is to identify applicable legislation while eliminating unrelated information. The majority of unrelated legislative requirements are filtered out based on your unique business processes and area of operation, thus producing a client/site specific and user-friendly legal register.

Implex in co-operation with Metrix Software Solutions have developed an integrated software package that compliments and enhances the functionality of Legal Register. This Legal Register Framework is not a generic software package, but rather a Software Solution that is customised according to your operations, activities and site-specific needs and requirements.

The Legal Register Software can be installed on a server on the network and made available to all users via the intranet. No additional software is required by users to open and view the legal register. This multi-user web based electronic solution includes safety, health and environmental legislation on a national, provincial and local level

Bi-annual updates are conducted, through a review of existing view as well as the changes to legislation that occurred during the 6 month period under review. Changes or updates to the Legal Register Framework are recorded and tracked in the register’s audit trail function.

Implex can also offer hosting a service to Legal Register clients based on the fact that their own servers are unable to handle the additional activity related the Legal Register; alternatively where the client IT Department could not accept the additional responsibility of managing the technical requirements of the application. This makes available to the Legal Register Client a highly accessible Data Centre without burdening their own server. Implex entered into a service level agreement with MTN Network Solutions (MTN NS) Hosting facility at its Doornfontein node. This facility has been engineered from the ground up to accommodate the high-availability demands of major Websites, online applications and e-commerce sites. MTN NS is a specialist in Hosting Hi-volume Web sites. The facility was built to international standards and has been provisioned with redundant high-speed network connections and n+1 infrastructure to ensure maximum availability and an optimal data centre environment.

The advantages of the hosted option includes that the Legal Register Client is able to reduce capital expenditure of developing a server to host the Legal Register Framework on; alternatively to upgrade existing servers to deal with the hosting of the Legal Register. The Hosted Legal Register Option access would be similar to internet banking. Thus, Implex provides the client with a URL, and users get user names and passwords. Thus they would also be able to access the Hosted Legal register from any computer with internet access.

Electronic Services (value add, free of charge)

The aim of the legal update bulletin is to ensure that subscribers to this email service receive periodic and it deals with at least the following: 

Newsflashes (as and when published in Government Gazettes)

The aim of newsflashes is to, as and when notifications, are published in Government Gazettes to inform the subscribers of the relevant notifications, and where applicable time frames for input in public participation process. Users will also be directed to a website where electronic versions can be accessed.

SMS Notifier

Implex are planning to expand the electronic free of charge service offering to include an SMS notifier system in terms of which subscribers will be informed of the relevant notifications, and where applicable time frames for input in public participation process. Users will also be directed to a website where electronic versions can be accessed.

Blog

Read our blog on relevant SH&E legal compliance issues.